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  • Cowher v. Kodali

    Publication Date: 2020-08-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0836

    The evidence supported a large award of damages on wrongful death and survival claims, so the court denied defendants' requests for a new trial and remittitur.

  • Reibenstein v. Barax

    Publication Date: 2020-08-17
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0892

    Trial court erred in finding administratrix's wrongful death and survival causes of action against primary care physician were time barred under the medical care availability and reduction of error act because subsection 1303.513(d) was ambiguous and "affirmative misrepresentation or fraudulent concealment of the cause of death" meant affirmative misrepresentations about or fraudulent concealment of conduct plaintiff alleged led to decedent's death. Reversed and remanded.

  • Talmadge v. Ervin

    Publication Date: 2020-08-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0863

    Trial court erred in finding appellees preserved an objection to a document at deposition and appellees' subsequent motion in limine did not change that result and since the document referred to an important issue at trial, the error was not harmless but trial court properly found appellees' expert witness was qualified to testify. Vacated and remanded.

  • Lageman v. Zepp

    Publication Date: 2020-08-03
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0816

    Plaintiff entitled to res ipsa loquitor instruction where defendant's testimony and plaintiff's experts' testimony establish that the medical harm suffered would not have occurred in the absence of negligence.

  • Millhouse v. Rajjoub

    Publication Date: 2020-07-27
    Practice Area: Medical Malpractice
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0656

    The court rejected plaintiff's motions for appointment of counsel and waiver of the requirement to file a certificate of merit, but it allowed plaintiff an additional extension of time to file the certificate.

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  • Garvey v. Adamo

    Publication Date: 2020-07-27
    Practice Area: Medical Malpractice
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0691

    Plaintiff's proposed subpoena was overly broad and did not describe the requested documents with reasonable particularity. The court denied plaintiff's motion to strike objections to the subpoena.

  • Charlton v. Troy

    Publication Date: 2020-07-27
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0782

    The trial court erred in allowing plaintiffs' counsel to cross-examine the defendant physician, who testified as a fact witness, about the contents of a medical textbook that he did not recognize as authoritative, causing extreme prejudice to defendants. The superior court vacated the substantial jury verdict and remanded for a new trial.

  • Flanigan v. The Ellwood City Hosp.

    Publication Date: 2020-06-22
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0511

    A sanction dismissing plaintiff's complaint with prejudice was appropriate, because plaintiff blatantly refused to provide discovery.

  • Ungurian v. Beyzman

    Publication Date: 2020-05-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0510

    Trial court properly ordered hospital to produce its event report, serious safety event rating meeting summary, minutes from the patient safety committee, root cause analysis report, quality improvement staff peer review and credentialing in a medical malpractice action because the documents were not protected from disclosure under the Patient Safety Quality Improvement Act and the Peer Review Protection Act. Affirmed.

  • Rolon v. Davies

    Publication Date: 2020-05-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0509

    Trial court erred in entering nonsuit in favor of surgeon in medical malpractice action because decedent's administrator's expert rendered his testimony to a reasonable degree of certainty but court affirmed jury's verdict in favor of other defendants and ordered a new trial only against surgeon. Vacated in part and affirmed in part.